MOGANAMBAL A/P HATHULAL

MOGANAMBAL A/P HATHULAL

Prosecution proved beyond reasonable doubt that defendant kicked the victim causing bodily pain and a medically diagnosed soft tissue injury to the knee; the act was done with knowledge that it would cause hurt and was not occasioned by grave and sudden provocation; credibility of prosecution witnesses was accepted...

Source-derived case information.

Citation
AB-82-5-12/2019 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOGANAMBAL A/P HATHULAL
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 October 2023
Case Number
AB-82-5-12/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (assault Under Section 323 Penal Code) / Judgment and Sentencing in Magistrate's Court (conviction Entered; Sentence Imposed)
Outcome
Defendant convicted of offence under Section 323 Kanun Keseksaan (voluntarily causing hurt)
Legal Topics
Assault (section 323), Provocation (section 334), Admissibility of CCTV (section 90 a Evidence Act), Prima Facie Test / Section 173 CJA, Sentencing
Criminal Law Evidence Criminal Procedure Assault (section 323) Provocation (section 334) Admissibility of CCTV (section 90 a Evidence Act) Prima Facie Test / Section 173 CJA Sentencing

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Parties

PENDAKWA RAYA

Prosecution

MOGANAMBAL A/P HATHULAL

Defendant

Procedural Posture

Criminal (assault Under Section 323 Penal Code) / Judgment and Sentencing in Magistrate's Court (conviction Entered; Sentence Imposed)

Legal Issues

  1. 1 Whether prosecution proved all elements of Section 323 (voluntarily causing hurt) beyond reasonable doubt
  2. 2 Whether defence of grave and sudden provocation under Section 334 applies
  3. 3 Admissibility and evidential weight of CCTV recordings under Section 90A

Ratio Decidendi

Prosecution proved beyond reasonable doubt that defendant kicked the victim causing bodily pain and a medically diagnosed soft tissue injury to the knee; the act was done with knowledge that it would cause hurt and was not occasioned by grave and sudden provocation; credibility of prosecution witnesses was accepted and defence failed to raise reasonable doubt or establish provocation; CCTV evidence was not admitted due to non‑compliance with s90A but was unnecessary given credible eyewitness and medical evidence; conviction under Section 323 was therefore proper and the sentence imposed was appropriate.

Court Disposition

Defendant convicted of offence under Section 323 Kanun Keseksaan (voluntarily causing hurt)

Orders

  • Convicted under Section 323 Kanun Keseksaan
  • Sentenced to 7 days imprisonment from 6 October 2023